A builder who used a Samurai sword to chop off the ear of a man who had threatened to rape his wife and kill his sons has walked free from court.

David Fullard, 46, of Brough, East Yorkshire, was found not guilty of unlawful wounding at Hull Crown Court

The jury heard that Michael Severs, 22, had gone to Mr Fullard's house on 6 March last year demanding money after drinking vodka and taking drugs.

Severs was given a six-month suspended jail sentence after admitting affray.

<!-- E SF -->His friend Michael Smith, 19, who was with him during the incident, received the same sentence.

Both were also ordered to do 100 hours of unpaid work in the community.
<!-- S IBOX --><!-- E IBOX --> Mr Fullard told the jury that he had acted in self-defence to protect his wife, his teenage sons and his home when he was confronted by Severs, who was armed with a spade and a knuckleduster.

After repeated threats, Mr Fullard picked up an ornamental Samurai sword belonging to one of his sons and struck Severs once, leaving his left ear hanging off.

Mr Fullard's wife Susan Neale told the court: "They threatened to rape me, burn the house down, kill the kids and kill Dave.
"Dave picked the sword up in my defence. It was in defence of his family and his home."

However, the prosecution argued that he had gone too far to successfully claim self defence.

Crown barrister Chris Dunn told the jury: "It is a hell of a thing to hit someone with a razor-sharp sword. It is a battlefield weapon.

"The sword is always going to out-trump the knuckleduster.

"This was over the top. This was too far. We don't live in a land where you can hit someone in your front garden with a Samurai sword."

<!-- S IIMA --><!-- E IIMA --> However, defence barrister Mark Bury told the jury there was only one proper verdict - not guilty - even though a weapon had been used.
"It was an extreme situation," he said.

"If you are saying that makes him guilty, we may as well pack our bags and turn the lights out and leave the darkness to the criminals after us."
The court heard that Mr Fullard's neighbours described him as an "honest, reliable, quiet man, with very strong principles who would do anything to avoid trouble".

Speaking after being cleared, Mr Fullard said: "You cannot stand around and do nothing when someone comes to your house and starts threatening your family.

"I have never been in trouble in my life before, but risked eight years in prison to prove it was self defence.

"If I had been sent down it would have sent out a terrible message to the public that you can't stand up and defend yourself."
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jaybirdjtt

02-10-2010, 15:22

Unfortunately, the mind set of your Crown barrister is infecting more and more people in the colonies.

Dennis in MA

02-10-2010, 20:06

"Unlawful wounding"???? :rofl:

Tell me they have a law for "excessive gas-passing" or something.

CitizenOfDreams

02-11-2010, 15:22

The sword is always going to out-trump the knuckleduster.
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And that's exactly why both sides in a duel use identical weapons.

In self-defence, however, the goal is to protect yourself from the attacker by any means available. It's not about fair play and equal opportunity.

JFrame

02-11-2010, 16:00

And that's exactly why both sides in a duel use identical weapons.

In self-defence, however, the goal is to protect yourself from the attacker by any means available. It's not about fair play and equal opportunity.

Maybe the Brits believe that all assaults must be dealt with by the Marquess of Queensberry rules? :dunno:

Thank goodness we have some variation of the Castle Doctrine in sensible Red states in this country. Ironically, that concept arose from English Common Law...